McCall v. State
McCall v. State
676 So. 2d 82; 1996 Fla. App. LEXIS 7165; 1996 WL 382947
(Southern Reporter, Second Series)
McCall v. State
Opinion of the Court
Calvin McCall appeals the trial court’s summary denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. McCall’s motion and the appellate record fail to conclusively establish that McCall is not entitled to relief. Therefore, this case is reversed and remanded with directions to the trial court to either conduct an evidentiary hearing or attach to its order those portions of the record that show McCall is not entitled to relief. See Carter v. State, 632 So.2d 1139 (Fla. 4th DCA 1994); Lewis v. State, 613 So.2d 115 (Fla. 4th DCA 1993).
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.